DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 479-14
9 December 2014
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 December 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and began a period of active
duty on 28 July 2003. You received nonjudicial punishment for
the wrongful use of cocaine. You were then advised that your
command was administratively separating you with an other than
honorable (OTH) characterization of service due to misconduct
(unsatisfactory participation). You waived your procedural
right to an administrative discharge board (ADB). On 11 May
2005, you received an OTH characterization of service discharge
due to misconduct, and were assigned an RE-4B (in-service drug
use) reentry code. On 15 July 2013, the Naval Discharge Review
Board denied your request to upgrade your characterization of
service.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, post
service good conduct, and current desire to upgrade your
discharge so you are eligible for veterans’ educational
benefits. However, the Board concluded that your request should
be denied due to your drug abuse. The Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. You are advised that
no discharge is upgraded automatically due solely to the passage
of time or post service good conduct. In view of the above,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence. of
probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2013 | NR8231 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR6625 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to...
NAVY | BCNR | CY2013 | NR4163-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2014. Documentary material considered by the Board consisted of your application, together with all Material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the - existence of probable...
NAVY | BCNR | CY2013 | NR8229 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. You also tested positive six times in urinalyses for the wrongful use of marijuana for which no disciplinary action was taken. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR3827-13
of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2014. the Board consisted ‘of your application, together with all material submitted. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR3571-13
A-three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 11 February 2014. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board: Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, . On 5...
NAVY | BCNR | CY2013 | NR3467-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2014. You waived your procedural right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR8227 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR6666 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 29 July 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 17 January 1984, you received an OTH characterization of service discharge due to Misconduct (drug abuse (use)).
NAVY | BCNR | CY2013 | NR6635 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.